F.No. 12/3/2016-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (JCA-2) Section

North Block, New Delhi
Dated April 10 2019

OFFICE MEMORANDUM

Subject: Closing of Central Government Offices in connection with General Elections to Lok Sabha 2019 and General Election to the Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim and Bye- elections to fill the clear vacancies in Assembly Constituencies of various States – Grant of Paid Holiday – regarding

The undersigned is directed to say that in connection with the General Elections to the Lok Sabha 2019 and General Election to the Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim and Bye- elections to fill the clear vacancies in Assembly Constituencies of various States scheduled to be held in 2019, the following guidelines, already issued by DOPT vide OM No.12/14/99-JCA dated 10th October, 2001, have to be followed for closing of the Central Government Offices including Industrial Establishments in the States:-

• The relevant offices / organizations shall remain closed on the day of poll in the notified areas where general elections to the Lok Sabha and State Legislative Assembly are scheduled to be conducted.
• In connection with bye-election to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization / Industrial Establishment located outside the Constituency having a general / bye-election.

2. The above instructions may be brought to the notice of all concerned.

(Juglal Singh)
Deputy Secretary (JCA)

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By Speed post/camp bag

ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001.

No.78/ 2019/EPS

Dated: 22nd March, 2019

To

1. The Chief Secretaries of
   All States and Union Territories.
2. The Chief Electoral Officers of
   All States and Union Territories
3. The Secretary to the Govt. of India, M/o Personnel Public Grivances & Pensions, Department of Personnel and Training, North Block, New Delhi.

Sub: General Elections to Lok Sabha, 2019 and General Election to the Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim and Bye-elections to fill the clear vacancies in Assembly Constituencies of various States-Grant of Paid Holiday-regarding

Sir/Madam,

I am directed to invite your attention to Section 135 B of the Representation of the People Act, 1951 which provides for the grant of paid holiday to the employees on the day of poll. The Section 135B is reproduced below:-

“135B. Grant of paid holiday to employees on the day of poll

(i) Every person employed in any business trade, industrial undertaking or any other establishment and entitled to vote at election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.

(ii) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.

(iii) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine, which may extend to five hundred rupees.

(iv) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.”

The above provisions require that all establishments and shops including those which work on shift basis shall be closed on the day of poll in the Constituency where a General/bye-election is to be held. However, there may be cases where a person is ordinarily resident of the Constituency and registered as an elector, may be serving/employed in an industrial undertaking or an establishment located outside the constituency having a general/bye-election. It is clarified that in such a situation, even those electors including casual workers working outside the constituency concerned would be entitled to the benefit of a paid holiday extended under Section 135B(1) of the Representation of the People Act, 1951.

The daily wage/causal workers are also entitled for a holiday and wages on poll day as provided in Section 135B of the R.P. Act, 1951:

The Commission desires that suitable instructions should be issued to all
concerned for the phase-wise election schedules, as mentioned in the Commission’s Notifications under endorsement to the Commission for information and record.

The receipt of this letter may please be acknowledged.

Yours faithfully,
(SANJEEV KUMAR PRASAD)

UNDER SECRETARY

Source: Confederation

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13 MAR 2019

The Union Cabinet chaired by Prime Minister Narendra Modi has approved the “General Elections to the Lok Sabha 2019” – for issuance of statutory notifications under under sub-section(2) of Section 14 of the Representation of the People Act, 1951”. It provides for calling upon the parliamentary constituencies to elect Members to the House of the People, on the dates to be recommended by the Election Commission of India in its Proceedings.

Impact:

The issuing of notifications would begin the election process for constituting the Seventeenth House of the People.

PIB

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